RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00074 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded. ________________________________________________________________ APPLICANT CONTENDS THAT: The Air Force provided discipline without counseling. During his service, he suffered from depression and a sense of inadequacy. He began to drink in order to ease the pain and try to fit in. He received reprimands for his poor attitude which led to him to being put on probation and finally discharged. He understands being discharged for the way he conducted himself at the time, but thinks it is unfair that he was not offered psychological therapy for his depression and inferiority complex. His discharge warrants an upgrade because he served with love and pride for his country and the United States Air Force. In support of his request, the applicant provides an expanded statement and copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, and DD Form 257AF, General Discharge Certificate. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate that he enlisted in the Regular Air Force on 21 Sep 76. On 6 Apr 82, the applicant was notified by his commander of his intent to recommend his discharge from the Air Force for apathy, defective attitude, and inability to expend effort constructively. The reasons for the action included various instances of failure to go to his appointed place of duty and dereliction in the performance of his duty, as well as one instance of failure to obey a lawful order, for which he received three letters of counseling, two letters of reprimand, and two instances of non-judicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ). On 6 Apr 82, the applicant acknowledged receipt of the action and, after consulting with legal counsel, submitted a statement in his behalf. On 11 May 82, the case file was found legally sufficient and the discharge authority approved the commander’s recommendation on 19 May 82. On 21 May 82, the applicant was furnished a general (under honorable conditions) discharge and was credited with five years and eight months of total active service. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a report indicating they were unable to locate an arrest report based on the information provided. A request for post-service information was forwarded to the applicant on 21 Jul 11 for review and comment within 30 days. In response, the applicant indicates that removing the stain of having less than an honorable discharge would certainly help him on his road to regaining his self esteem. He has worked hard to attain his status as a journeyman electrician and now has almost twenty-two years in his trade. He belongs to several electrician social clubs that do charity work for many different causes. In support of his response, he provides an expanded statement and copies of his apprenticeship diploma, journeyman card, various certificates of achievement, and seven supporting statements. The applicant’s complete response, with attachments, is at Exhibit D. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that warranting corrective action. Based on the available evidence of record, it appears the applicant’s General (Under Honorable Conditions) discharge for unsuitability was consistent with the substantive requirements of the discharge regulation and within the discharge authority’s discretion and he has provided no evidence which would lead us to believe otherwise. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis at this time. In view of the foregoing, and in the absence of evidence to the contrary, we conclude that no basis exists to upgrade the applicant’s General (Under Honorable Conditions) discharge. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-00074 in Executive Session on 7 Sep 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 30 Dec 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 21 Jul 11, w/atch. Exhibit D. Letter, Applicant, dated 11 Aug 11, w/atch. Panel Chair